IDEA Complaint Decision 01-070

On October 8, 2001, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against the Madison Metropolitan School District. This is the departments decision regarding that complaint. The issue is whether the district failed to provide an educational placement to implement the individualized educational program (IEP) for a child with a disability at the beginning of the 2001-2002 school year.

The IEP developed on April 23, 2001 in effect for the student at the beginning of the 2001-2002 school year designated placement as "off-site placement at home." The IEP included special education services of direct instruction of social and academic skills and the related service of occupational therapy. The services were provided during the spring term of the 2000-2001 school year. The student continued receiving required home based occupational therapy services at the beginning of the 2001-2002 school year. On September 27 and October 29 IEP teams met to review and revise the IEP and determine continuing placement. The IEP continued to include direct instruction of social and academic skills. The team meeting on September 27 determined that the off-site placement in the students home was appropriate, while the placement determined on October 29 was for "designated off site location through LaFollette H[igh School]." No direct instruction was provided between August 27 and November 14, 2001. The assigned homebound teacher was not willing to go to the familys home and the districts teacher contract permits such refusals. The district unsuccessfully had tried to identify another teacher prepared to provide instruction in the home setting.

Within 30 days of receipt of this decision, the district will convene an IEP team meeting to determine whether the student needs additional services because IEP services were not provided between August 27 and November 14. The district also is directed to submit a corrective action plan within 30 days of the date of this decision to ensure that homebound services required in students IEPs are provided when teachers refuse to provide services in a students home.